Chapter 103

 FLOODPLAIN, NOTIFICATION OF LESSEES IN

[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 9-29-1983 as Ord. No. 189. Amendments noted where applicable.]

~ 103-1. Lease to include flood level information.

  Every lease for property which is to be used as a residence and any part of which is located below the base flood level within the Flood Plain District shall be in writing. The lease shall contain conspicuous language informing the lessee that the residential property or any part thereof is located below the base flood level within the Flood Plain District, as defined in Ordinance No. 124.[1] Language shall be deemed to be "conspicuous" if it is in larger or other contrasting type or color than the remainder of the lease.

~ 103-2. Rights of lessee.

  If any lease fails to include the notification required by ~ 103-1 of this chapter, the lessee shall be permitted to remove himself from the leased premises without incurring any penalty for terminating the lease prior to its expiration. In addition, if the lessee sustains any loss or injury to person or property due to flooding and the notification required by ~ 103-1 of this chapter was not supplied, the lessor shall be absolutely liable for any such loss or injury.

~ 103-3. Vacation of premises.

  If any lease fails to include the notification required by ~ 103-1 of this chapter, the Code Enforcement Officer of the Town of Elsmere is empowered to order said premises vacated.